Disposed

Srinivasan v. The District Collector

Madras HC25 Mar 2019WP/7700/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 226 seeking release of seized lorries, the Court observed that prolonged custody risks damaging the assets. The Court withdrew the vehicles by directing the respondents to release them within 7 days subject to the petitioner depositing fees, executing a bond, and providing an undertaking against illegal use.

What did the court decide?

Petitioner to release two lorries within 7 days upon payment of Rs. 10,000 deposit per vehicle, execution of bond, and undertaking against illegal use.

Srinivasan Vs The District Collector — Property and Title | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

Dated : 25.03.2019

¶3

Coram

¶4

The Hon'ble Mr.Justice R.Subbiah

¶5

and

¶6

The Hon'ble Mr.Justice Krishnan Ramasamy

¶7

Writ Petition No.7700 of 2019

¶8

Srinivasan ...Petitioner
Vs.
1. The District Collector,
Vellore District.
2. The Revenue Divisional Officer,
Revenue Divisional Office,
Vellore, Vellore District.
3. The Assistant Director (AD),
The Department of Mines and Minerals,
Collector Office Campus,
Vellore.
3. The Inspector of Police,
Vellore Taluk Police Station,
Vellore District.
Crime No:162 of 2018. ...Respondents

¶9

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents to consider the petitioners Representation dated 07.03.2019 and further direct the 4^th Respondent to return the petitioners two Tipper Lorries bearing Registration Nos. TN-31-T-8085 and TN-52-Z-8510 on the custody of the 4^th Respondent herein.

¶10

For Petitioner : Mr.S.Silambu Selvan For Respondents: Mr.J.Pothiraj, Special Government Pleader.

¶11

O R D E R [Order was delivered by R.SUBBIAH,J]

¶12

The petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioners Representation dated 07.03.2019 and

¶13

https://hcservices.ecourts.gov.in/hcservices/

¶14

further direct the 4^th Respondent to return the petitioners two Tipper Lorries bearing Registration Nos.TN-31-T-8085 and TN-52Z-8510 on the custody of the 4^th Respondent herein.

¶15

Heard learned counsel for the petitioner and learned Special Government Pleader for the respondents.

¶16

According to the petitioner, the respondents have seized the vehicle in question on 09.05.2018 on the ground of illegal carrying of sand, and till date, no order for release of the said vehicle had been passed by the respondents. Hence, he has come forward with the present Writ Petition.

¶17

On the other hand, it is submitted by learned Special Government Pleader for the respondents that the vehicle in question was used for illegal transportation of mines and minerals like sand and there is no valid permit and hence, the vehicle was seized. He further submitted that the petitioner has no previous case.

¶18

In any event, as the vehicle is under the custody of the respondents from the date of seizure and considering the fact that if the same is allowed to be kept idle by exposing the same to rain and sun, it would certainly diminish their value, this Court is of the view that the vehicle in question may be released by imposing certain conditions on the petitioner.

¶19

Accordingly, the respondents are directed to release the vehicle in question to the petitioner within a period of 7 days from the date of compliance of the condition Nos.(i) to (iii), which are mentioned below:

¶20

(i)The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) for each of the vehicle, in question, before the jurisdictional Tahsildar concerned as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the jurisdictional Tahsildar concerned, to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit.

¶21

(ii)The petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned jurisdictional Judicial Magistrate.

¶22

(iii)The petitioner shall give an undertaking before the respondents /authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondents and also the trial Court, failing which the respondents/trial Court is/are at liberty to confiscate the vehicle.

¶23

(iv)The petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority

¶24

https://hcservices.ecourts.gov.in/hcservices/

¶25

concerned.

¶26

The petitioner is also directed to participate in the enquiry to be conducted by the respondents.

¶27

With the above observations and directions, this Writ Petition is disposed of. No costs.

¶28

s/dAssistant Registrar(CS V)

¶29

True Copy

¶30

Sub-Assistant Registrar
vkr/ebsi
To
1. The District Collector,
Vellore District.
2. The Revenue Divisional Officer,
Revenue Divisional Office,
Vellore, Vellore District.
3. The Assistant Director (AD),
The Department of Mines and Minerals,
Collector Office Campus,
Vellore.
4. The Inspector of Police,
Vellore Taluk Police Station,
Vellore District.
+1 CC to Mr.S.Silambu Selvan, advocate sr 28172.
+1 CC to Govt.Pleader sr 29165.

¶31

Writ Petition No.7700 of 2019

¶32

SP(01/04/2019)

¶33

https://hcservices.ecourts.gov.in/hcservices/

Srinivasan v. The District Collector

Case brief

What is this about?

What did the court decide?

Srinivasan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Maheswari Vs The Collector

Senthilkumar Vs The Assistant Director

Nithyanandam Vs The Assistant Director

Ashok Anand Vs The Secretary

M.Gokila Vs The Revenue Divisional Officer

Muthusamy Vs The State Rep. by